Ford is defending itself against a class-action lawsuit brought against it by McCuneWright, a law firm based in California, alleging false and misleading marketing campaigns for the 2013 C-MAX and Fusion hybrid vehicles. The law firm alleges fraud and negligent misrepresentation by Ford and filed the suit in US District Court Eastern District of California.

The lawsuit is seeking punitive damages including the reimbursement for the purchase price of new Ford hybrid vehicles. The main plaintiff in the suit is Richard Pitkin from Roseville, California. Pitkin purchased a C-Max Hybrid vehicle in October and alleges that he has only averaged 37 mpg during that time. That mileage is significantly lower than the EPA rating of 47 mpg.

"In its advertising and marketing campaign for the vehicles, Ford claimed that the C-Max Hybrid and Fusion Hybrid achieved a class leading 47 Miles Per Gallon," part of the 17-page suit read. "These materials helped Ford achieve record sales for the first two months of C-MAX Hybrid sales, outselling its rival, hybrid sales leader Toyota, but there was a problem. These ads were false."

The Ford C-MAX and Fusion Hybrid, like many vehicles, are essentially built to “ace the EPA test”, so it can be very difficult for drivers to achieve the rated fuel economy numbers in the real world. For example, the highway portion of the EPA test stipulates that a vehicle should be able accelerate to a maximum highway cruising speed of 60 mph. Ford hybrids can operate at up to 62 mph on battery alone power if driven in the exact same manner as prescribed by the EPA. Once a driver crosses the 62 mph mark, however, the gasoline engine springs to life and the fuel economy drops.

Most major U.S. highways have speed limits of 65 mph or higher, and even if the speed limit is a more “hybrid friendly” 55 mph, most people likely cruise at 60 mph or higher. And one also has to remember that no hybrid can travel on battery power alone, indefinitely – the gasoline engine will eventually kick in to maintain cruising speed.

Ford Fusion Hybrid

Consumer Reports reviewed the C-MAX earlier this month and found it obtained 37 mpg overall with 35 mpg in the city and 38 mpg on the highway. Similar findings with the Fusion Hybrid found that the vehicle achieve 39 mpg in testing overall.

Ford isn't the only automaker to find its fuel efficiency claims disputed in court. Hyundai was caught inflating fuel efficiency estimates and was forced to create new window stickers for the vehicle fleet reflecting more realistic efficiency claims.

You must admit that this body style is a huge step forward in allure. My 2010 4-cylinder averaged about 450-475 miles on a tank of gas - never bothered to convert that to mpg as it was a company car and I really didn't care. I believe that was with a 16 gallon tank and mostly highway miles. I can only assume that things have improved since then.

City mileage - stop and go, stop and go, etc - if you are one of those idiots who race from red light to red light, you aren't concerned with mpg. Keep things under 2000 rpm or so and you should see better mpg. There exists an entire group of extremist "hyper-milers" who baby their cars from light to light and generally return mpg numbers that actually exceed the 'ambitious' (at best) EPA numbers posted on the window sticker. It all depends on how hard you delve into the throttle. Period. If you are trying for the minimum quarter mile times for every launch from a red light - you will NOT get anywhere close to the posted numbers.

But personally, as a Fusion lover - it's overall ride quality, mpg highway (*with 4cyl), and the beloved SYNC system for us nerds - I really like the new body style and wish I needed a new car, as I would buy one in a heartbeat. The hybrid, no. But their SEL with a 4cyl - absolutely. The older 10-11 series with a 6 cylinder was a rocket by comparison off the line, if that is what you are after - but then you are not worried about the mpg - which then dips to 300-350 miles per tank full.

Just my 2c. Most hybrid cars have carry a premium cost that is almost never made up for over the life of ownership. Do the math on your own. Perhaps it works for you. Regardless, the new body style is a huge improvement over the previous model... And once you have grown accustomed to using the SYNC system, you will never be pleased with a car that doesn't have it. But I digress I suppose, as that is not the intent of this article. Just my personal opinion, having driven Fusions from the 08 series, and 2010. I really want a 13 - but will not be paying the premium for the hybrid - just whatever model ensures that I have their SYNC option.

Happy shopping, and a Happy New Year to all DT'ers.

Cheers.

"I'd be pissed too, but you didn't have to go all Minority Report on his ass!" -- Jon Stewart on police raiding Gizmodo editor Jason Chen's home